One concept that is often overlooked by lawyers in the criminal field is the importance of a “Walker Hearing”. Brought to us in the case of People v. Walker (1), a “Walker Hearing” is used when interpreting whether or not a confession was done in a voluntary fashion.
In the state of Michigan, for a confession to be deemed valid, the defendant must have made it in a knowingly, intelligently and voluntary fashion. The element of a coerced confession is one that can be the difference between freedom and incarceration because if a defense counsel can display the confession was done in an involuntary fashion, the statement will be suppressed through the exclusionary rule.
When a defendant claims that the confession was done in an involuntary fashion the judge can hold a hearing to determine voluntariness of confession. The thing that is often misunderstood by practitioners is that the defendant may take the stand and testify for limited purpose of making of record his or her version of facts and circumstances under which confession was obtained. Even with the defendant taking the stand at the “Walker Hearing”, the defendant will still have the option not to take the stand at their trial should the confession be deemed to be admissible because of the protections afforded in both the United States and the Michigan Constitution.